Estudiante Law Journal
Estudiante Law Journal is a peer reviewed journal published by the Faculty of Law, Universitas Negeri Gorontalo. This journal is published three times every February, July and November of the same year. EsLaw aims to be a scientific and research journal for all legal observers and activists with a journal focus relating to all issues related to legal studies. EsLaw Journal publishes contemporary articles on law, book reviews, and case analysis, as well as journals published in Indonesian and/or English.
Articles
358 Documents
<![CDATA[Investigators Obstacles in Child Molestation Cases ]]>
<![CDATA[Siti Nurhayati Nasir]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 3 OKTOBER 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16277
<![CDATA[Abstract: The purpose of this research is to identify the types of obstacles that investigators face when investigating child abuse. Empirical research approach was applied in this study. This study employs a qualitative methodology, purposive sampling, and descriptive qualitative analytic approaches. According to the findings of this study, the investigator's restrictions in processing instances of criminal acts of sexual abuse against minors are both internal and external. The internal barrier consists of people resources from investigators, the system, and the cultural side. Meanwhile, there are no witnesses to see, the victims are still minors, fees, and parents' inexperience of legal procedures. The execution of law enforcement investigations must boost confidence so that all types of hurdles to conducting investigations may be rapidly overcome. As a result, the inquiry is progressing as we all hoped. The investigation should be conducted in line with the appropriate legal procedure, particularly when dealing with cases of child abuse and updating legal knowledge for investigators, particularly those whose education is still insufficient.]]>
<![CDATA[The Implementation Of Policies For Structuring And Empowering Street Vendors In Gorontalo City ]]>
<![CDATA[Anita Dama]]>
<![CDATA[ Estudiante Law Journal VOL. 1 No. 2 JUNI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i2.13026
<![CDATA[Abstract: The purpose of this study was to find out how the implementation of the policy of structuring and empowering street vendors by the Civil Service Police Unit and to find out what factors influenced the implementation of the policy of structuring and empowering street vendors in Gorontalo City. The type of research used is Empirical Law research, using data types consisting of primary data and secondary data. Data collection techniques were carried out using observation and interview techniques. The results of this study indicate that to improve the economic sector, the Gorontalo City government has issued a policy related to Street Vendors which is packaged in the Gorontalo City Regional Regulation Number 2 of 2017 concerning Structuring and Empowering Street Vendors. The existence of a regulation aims to realize optimal empowerment and governance. Even though the policy has been issued, it cannot be denied that the implementation of the policy will run as it should. This is evidenced by the presence of several street vendors who are still active in locations that should not be occupied. Therefore, in controlling street vendors in the City of Gorontalo, the Civil Service Police Unit uses the legal basis of regional regulations by providing socialization, carrying out control, and implementing arrangements. The factors that influence the effectiveness of the implementation are legal, law enforcement, facilities, community, and cultural factors.Keywords: Implementation; Policy; Street vendors.]]>
<![CDATA[Electronic Legality Of Employment Contracts On Minor Children ]]>
<![CDATA[Novriyanto Nusi]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 2 JUNI 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i2.13195
<![CDATA[Based on the results of the study, the answers to the existing problems were obtained, that the validity of the employment contract between Youtube and the content creator who was still underage in the statutory provisions contained four conditions for the validity of an agreement, one of which involved the ability to make agreements. Like the real world, there are several requirements from the electronic service provider that must be approved by social media users, especially a content creator. These requirements are commonly known as terms of service. One of the things that are usually regulated in the terms of service is the age of the user so that the legal relationship that exists between the child and the agency or institution is based on the existence of a working relationship between the two parties, in which the child can be represented by the parent or guardian based on a work agreement because children are still unable to carry out legal actions independently, this is because children are categorized as people who are not yet capable of carrying out legal actions As for government regulations regarding employment contracts between YouTube and content creators who are still underage, it can be seen in several laws and regulations in Indonesia which regulate the procedures for engagements or work contracts such as the Civil Code, the ITE Law and in the Manpower Act. For example, in the Civil Code, one of the things that can be used as a reference in the validity of a contract is age, namely 21 years or already married, so based on the problem formulation, the researcher gives an idea in the form of underage content creators who are required to be accompanied or represented by parents or guardians in entering into agreements or contracts with the youtube platform service provider so that it cannot damage the validity of the contract or agreement that has been made by the parties.Keywords: Validity of Employment Contract, Content Creator Children.]]>
<![CDATA[Police Obstacles in Revealing the Crime of Disposing of Babies ]]>
<![CDATA[Titik Mokoagow]]>;
<![CDATA[Lisnawaty W. Badu]]>;
<![CDATA[Suwitno Yutye Imran]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 1 FEBRUARY 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i1.19228
<![CDATA[The purpose of this study is to know and analyze what factors hinder the police in uncovering the crime of disposal of babies in Bone Bolango and to find out what the police are trying to prevent the crime of disposal of babies in the jurisdiction of the Tapa Police. This type of research is empirical research. The results showed that the role of the police in uncovering the crime of disposal of babies in the Tapa Sector Police, the investigation process was still stopped because the police experienced factors that hindered the police in uncovering the crime of disposal of babies. These factors were internal factors consisting of a lack of members and sources. Human Resources, lack of evidence, and difficulty in determining suspects, Then there are also external factors, namely the lack of public awareness. Then, in this case, the police made efforts to prevent the crime of disposal of babies in the jurisdiction of the Tapa Police by conducting patrols, counseling and outreach activities in the community.]]>
<![CDATA[Acts of Violence Against Journalists in Gorontalo: Problematika & Countermeasures ]]>
<![CDATA[Feby Nur Gojali]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.12806
<![CDATA[Legally formal journalists get guaranteed legal protection in carrying out their duties, but in practice on the ground until now there is still violence against journalists or journalists in Gorontalo Province. The purpose of this study was to find out how to review violence on journalists in Gorontalo and to find out the problems and countermeasures by the Alliance of Independent Journalists (AJI) and the Gorontalo Regional Police. Based on the title raised in this study, researchers use this type of empirical legal research through primary data sources, namely data based on information obtained directly in the location of research from related parties in the form of events. The results showed that the factors behind the violence against journalists in Gorontalo were the lack of understanding of sources and journalists to the Press Code of Ethics, as for AJI's efforts in tackling violence against journalists in Gorontalo, namely, there were efforts before and after cases of violence against journalists, and there were efforts from the police by mediating and legal process.]]>
<![CDATA[The Role of Supervisory Agency in the Circulation of Cosmetics With Fake Distribution Permission ]]>
<![CDATA[Siti Khodijah]]>;
<![CDATA[Nirwan Junus]]>;
<![CDATA[Nurvazria Achir]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 1 FEBRUARI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.15941
<![CDATA[This study aims to determine the role of the Food and Drug Supervisory Agency which (will be referred to as BPOM) in the distribution of cosmetics that include a fictitious distribution permit. The method used in this study is an empirical research methodology. This study uses a qualitative approach and sampling using purposive sampling and using descriptive analysis techniques. The results of this study show that the role of BPOM in the distribution of cosmetics that includes a fictitious distribution permit continues to carry out Supervision, Guidance, and Prosecution of every producer who violates government regulations related to the circulation of counterfeit cosmetics that include a fictitious distribution permit number and several programs are run to deceive consumers. get the right. In addition, it continues to protect consumers who experience losses by providing administrative sanctions to the perpetrators to be able to pay for the losses suffered by the consumers themselves. Protecting Consumers from the Circulation of Dangerous Cosmetics BPOM has several programs, namely the National Movement to Beware of Illegal Drugs and Food (GNWOMI), GENPOPA, BPOM Checks, Public Warnings, Educational Videos, Community Awareness Index Surveys, Implementing Teams for Quality Improvement of Community Empowerment and Consumer Protection.]]>
<![CDATA[The Basis Of The Judge's Consideration In Deciding The Rejection Of The Marriage Isbat Application Against The Position Of The Child In The Gorontalo Religious Court ]]>
<![CDATA[Rivandi Ohihiya]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 3 OKTOBER 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i3.13400
<![CDATA[This research aims to find out the basis of the judge's consideration in deciding the rejection of the marriage isbat application against the position of the child in the Gorontalo Religious Court, and to know the legal consequences of the rejection of the marriage isbat against the position of the child in the Gorontalo Religious Court. The research method used is empirical legal research with a data results approach on the ground. The results of the study showed the basis of the judge's consideration to reject the marriage application because the husband still has a marriage bond with his first wife, based on the provisions of Article 3 Paragraph 1 where a husband can only have a wife and vice versa, and also in article 9 of the Marriage Law where a married husband cannot marry again unless he has obtained the consent of the first wife or parties concerned. And as a result of the law their marriage is in the eyes of the law is not legal and their child only has a civil relationship with the mother and family of the mother because it is considered as a child of out-of-wedlock results.]]>
<![CDATA[Responsibilities of Land Deed Officials In Disputes of Making Deeds of Sale and Purchase of Inherited Land ]]>
<![CDATA[Srynovia Wati Amu]]>;
<![CDATA[Nurul Fazri Elfikri]]>
<![CDATA[ Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v4i2.16229
<![CDATA[The purpose of this study is to find out the PPAT's responsibility in making the deed of sale and purchase of jointly owned land rights (boedel) which is in dispute and to find out the efforts of PPAT in completing the deed of sale and purchase of land which is still in the status of joint property rights (boedel). The research method used is sociological juridical, research based on a principle of law or regulation that applies to the reality that occurs in society or in practice as it is. The results of the study found that the PPAT's responsibility was in making the deed of sale and purchase of landShared Property Rights (Boedel) Those Who Are Still Disputingwill not continue in making the deed of sale and purchase when one of them still objected or is still in dispute because it is already contained in the laws and regulations but in other studies will still accept the disputed on the condition that mediation must be carried out so that the problem can be solved and PPAT's efforts in completing the deed of sale and purchase of land common property rights, namely by conducting deliberation.]]>
<![CDATA[Law Enforcement Against Criminal Acts Of Cockfighting Gambling ]]>
<![CDATA[Alvin Makale]]>
<![CDATA[ Estudiante Law Journal VOL. 2 NO. 3 OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v2i3.14713
<![CDATA[This study aims to determine law enforcement against perpetrators of cockfighting gambling as a crime in the Gorontalo Regency area. The method used in this research is empirical or sociological research methodology. This study uses a qualitative approach and sampling using purposive sampling. The results of this study indicate that the process of law enforcement by the police against perpetrators of criminal acts of cockfighting gambling in the Gorontalo Regency area is carried out in two ways, namely first, pre-emptive law enforcement where in law enforcement the police take a persuasive approach to the community and provide direction on legal awareness in the environment. the community and also carry out mapping so that every crime event can be detected as early as possible. While the second law enforcement is repressive enforcement which is the final step taken by the Gorontalo Resort police to eradicate the practice of cockfighting gambling in Gorontalo Regency. This process consists of several stages; accept fights, investigations, investigations, arrests, confiscation of evidence, and detention. It is better not only to use the applicable criminal law as the overall solution, but also to take an integral or systemic approach. So, the effort to overcome this cockfighting gambling process must also be taken with a socio-cultural approach, a moralist approach, and a flexible educational approach to the current developments of society.]]>
<![CDATA[The Formation Of The Contempt Of Court Law To Maintain The Dignity Of Peradi And Indonesia ]]>
<![CDATA[Siti Rahmawati Djula]]>
<![CDATA[ Estudiante Law Journal VOL. 1 NO. 1 FEBRUARI 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v1i1.13301
<![CDATA[Abstract: The purpose of this research is to analyze rule idea contempt of court in the law as a form of obedience to maintain the dignity of the Indonesian judiciary It is often found that many visitors in a court process make actions that do not respect the course of the trial, such actions can be categorized as criminal acts against the judicial process or what is known as contempt of court Contempt of court in Indonesia has not been regulated in an integrated manner in one legislation, so based on that this research was conducted with the hope of getting the best solution in concocting the idea of contempt of court . to strengthen compliance in the Indonesian judiciary This type of research is normative legal research with a statutory approach , a conceptual approach, a comparative approach an nd a case approach. The analysis used in this research is deductive data analysis using a qualitative approac . Based on the results of the study, the answers to the existing problems were obtained, that a Contempt Of Court arrangement was needed separately in aaw, this is intended to uphold dithe gnity and ensure the judicial process runs without interference or threats from various parties. While the regulation on CoC can only be found in a few norms that seem separate, act it is s, till very biased when the regulation of the same act is regulated based on different regulations, with unclear procedures, so that specific and comprehensivearrangementse needed to be related to the Contempt Of action . Court through the idea of the Contempt Of Court Act The presence of the Contempt Of Court Law can bebe newope for the face of judicial power in Indonesia.Keywords: Rules Idea, Contempt Of Court , Judicial Obedience]]>
